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Massachusetts House Bill H3508

Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3508 Compare Versions

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22 HOUSE DOCKET, NO. 2740 FILED ON: 1/19/2023
33 HOUSE . . . . . . . . . . . . . . . No. 3508
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Steven S. Howitt
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act relative to veteran health, opportunity, notification, observance and respect.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Steven S. Howitt4th Bristol1/18/2023Joseph D. McKenna18th Worcester1/31/2023 1 of 16
1616 HOUSE DOCKET, NO. 2740 FILED ON: 1/19/2023
1717 HOUSE . . . . . . . . . . . . . . . No. 3508
1818 By Representative Howitt of Seekonk, a petition (accompanied by bill, House, No. 3508) of
1919 Steven S. Howitt and Joseph D. McKenna relative to veteran health, opportunity, notification,
2020 observance and respect. Veterans and Federal Affairs.
2121 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2222 SEE HOUSE, NO. 4873 OF 2021-2022.]
2323 The Commonwealth of Massachusetts
2424 _______________
2525 In the One Hundred and Ninety-Third General Court
2626 (2023-2024)
2727 _______________
2828 An Act relative to veteran health, opportunity, notification, observance and respect.
2929 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3030 of the same, as follows:
3131 1 SECTION 1. Chapter 111 of the General Laws, as appearing in the 2020 Official Edition,
3232 2is hereby amended by adding the following section:-
3333 3 Section 243. (a) The commissioner of public health, in consultation with the
3434 4commissioner of veterans’ services and the adjutant general of the Massachusetts national guard,
3535 5shall develop written educational materials that provide information about health effects
3636 6associated with chemicals identified at open burn pits in overseas military deployments,
3737 7including, but not limited to: (i) symptoms associated with exposure to open burn pits during
3838 8overseas military deployment; (ii) information regarding the U.S. Department of Veterans
3939 9Affairs’ Airborne Hazards and Open Burn Pit Registry and resources that can assist with the
4040 10registration process; (iii) information regarding the eligibility requirements for participation in 2 of 16
4141 11the Registry, including deployment locations and dates; (iv) information on participation in the
4242 12Registry and resources that can provide assistance with the registration process; and (v) contact
4343 13information for the U.S. Department of Veterans Affairs’ Airborne Hazards and Open Burn Pit
4444 14Registry. The commissioner, in consultation with appropriate professional licensing boards and
4545 15professional membership associations, shall ensure the information is made available to all
4646 16appropriate licensed health care providers in Massachusetts.
4747 17 (b) The commissioner, in consultation with the commissioner of veterans’
4848 18services and the adjutant general of the Massachusetts national guard shall: (i) monitor the most
4949 19current published epidemiological studies and recommendations arising as a requirement of 38
5050 20U.S.C. 527, as well as developments in the study and treatment of conditions associated with
5151 21exposure to toxic airborne chemicals and fumes caused by open burn pits; and (ii) keep record of
5252 22self-identifying service members and veterans who have been exposed to burn pits, that shall
5353 23include the name, address, electronic address, phone number, location and period of service, and
5454 24other information as deemed necessary. Such information shall be used only for the purposes of
5555 25communicating information about exposure to toxic airborne chemicals and fumes caused by
5656 26open burn pits to service members and veterans. The database, materials or other information
5757 27shall be confidential and privileged, shall not be subject to chapter 66, or clause Twenty-sixth of
5858 28section 7 of chapter 4 and shall not be subject to subpoena, discovery or introduction into
5959 29evidence in any private civil action.
6060 30 (c) On or before January 1, 2024, the commissioner, in coordination with the
6161 31commissioner of veterans’ services and the adjutant general of the Massachusetts national guard
6262 32shall prepare an informational pamphlet regarding the health effects of exposure to open burn
6363 33pits and how to participate in the U.S. Department of Veterans Affairs’ Airborne Hazards and 3 of 16
6464 34Open Burn Pit Registry and resources that can provide assistance with the registration process
6565 35for distribution by the commissioner of veterans services and the adjutant general of the
6666 36Massachusetts national guard. The informational pamphlet shall be distributed to all
6767 37organizations the commissioner of veterans’ services and adjutant general of the Massachusetts
6868 38national guard see fit, including but not limited to, veteran service offices throughout the
6969 39commonwealth and veteran organizations. Veteran service officers shall receive training to assist
7070 40with the implementation of this section.
7171 41 (d) The informational pamphlet required in subsection (c) of section 243 of
7272 42chapter 111 of the General Laws shall be made available on the department of public health’s
7373 43website once this bill is adopted into law.
7474 44 SECTION 2. Chapter 115 of the General Laws is hereby amended by adding the
7575 45following section:-
7676 46 Section 16. (a) The commissioner of veterans’ services, the commissioner of
7777 47public health and the adjutant general of the Massachusetts national guard, shall collaborate to
7878 48contact all members of the Massachusetts national guard and all known veterans and members of
7979 49the U.S. Armed Forces residing in Massachusetts who may be eligible to participate in the U.S.
8080 50Department of Veterans Affairs’ Airborne Hazards and Open Burn Pit Registry. The
8181 51commissioner of veterans’ services, the commissioner of public health and the adjutant general
8282 52of the Massachusetts national guard shall develop and execute a plan that ensures contact with
8383 53members of the Massachusetts national guard and veterans or members of the U.S. Armed
8484 54Forces residing in Massachusetts who may have served in the following: (i) Operation Enduring
8585 55Freedom, Operation Iraqi Freedom, or Operation New Dawn; (ii) Djibouti, Africa, on or after 4 of 16
8686 56September 11, 2001; (iii) Afghanistan, on or after September 11, 2001; (iv) Operation Desert
8787 57Shield or Operation Desert Storm; or (v) in the Southwest Asia theater of operations on or after
8888 58August 2, 1990.
8989 59 (b) Veterans or service members contacted shall be encouraged to join the
9090 60Registry and shall be provided with: (i) contact information for the U.S. Department of Veterans
9191 61Affairs’ Airborne Hazards and Open Burn Pit Registry; and (ii) a copy of the pamphlet created
9292 62by the commissioner of public health pursuant to subsection (c) of section 243 of chapter 111.
9393 63 (c) Notwithstanding any general or special law to the contrary, on or before September 1,
9494 642023, the adjutant general of the national guard and the commissioner of veterans’ services shall
9595 65encourage the U.S. Department of Veterans Affairs to enhance and simplify the registration
9696 66process for the Airborne Hazards and Open Burn Pit Registry by providing for: (i) identification
9797 67verification for DS Logon Level 2 access to be made available at U.S. Department of Veterans
9898 68Affairs’ community-based outpatient clinics throughout Massachusetts; (ii) the creation of a
9999 69paper registration option; and (iii) the creation of a process for deceased veterans’ family
100100 70members to participate in the Registry on behalf of said veteran.
101101 71 (d) On or before October 1, 2023, the adjutant general of the national guard shall
102102 72request that the periodic health assessment for members of the Massachusetts national guard to
103103 73determine whether the guard member was deployed to a location that would make him or her
104104 74eligible to participate in the U.S. Department of Veterans Affairs’ Airborne Hazards and Open
105105 75Burn Pit Registry, and whether the guard member was exposed to open burn pits during his or
106106 76her deployment to said location. 5 of 16
107107 77 (e) On or before October 1, 2023, the adjutant general shall request that any
108108 78member of the Massachusetts national guard who during his or her periodic health assessment is
109109 79identified as having been potentially exposed to open burn pits during a deployment is
110110 80automatically registered to participate in the U.S. Department of Veterans Affairs’ Airborne
111111 81Hazard and Open Burn Pit Registry.
112112 82 SECTION 3. Chapter 33 of the General Laws, as so appearing, is hereby amended by
113113 83inserting the following section:-
114114 84 Section 137A. (a)The Massachusetts National Guard family education program
115115 85(NGFEP) shall be an extension of the National Guard Education Assistance Program as outlined
116116 86in Section 137, to include dependents of Massachusetts Guard members when requirements are
117117 87met as specified.
118118 88 (b) National Guard members may split their state sponsored 130 credit tuition and fee
119119 89waiver between dependents. For the purpose of this section, dependents are defined as immediate
120120 90family members enrolled in the Defense Enrollment Eligibility Reporting System (DEERS).
121121 91 (c) The program shall be administered by the Military Division which will maintain a
122122 92record of tuition and fee credit total, not to exceed 130 total credits per service member. The
123123 93Military Division may issue a certificate of exemption from the matriculation fee and tuition to
124124 94specified dependents of the Massachusetts Army or Air National Guard members enrolled at any
125125 95state institution, in a program the cost of which is borne by the commonwealth, and who are
126126 96qualified as provided in this section. Identified dependents must use their specified credit
127127 97allotment within ten years of service member separation or by the age of 26, whichever date is
128128 98later. 6 of 16
129129 99 (d) To receive benefits from the program, the member must extend their current
130130 100service obligation or reenlist for NGFEP benefits after completing their initial 6-year military
131131 101service obligation to the Massachusetts National Guard. In order to be eligible, the
132132 102Massachusetts National Guard member must: (i) be eligible to serve an additional 6-year
133133 103enlistment from the date of extension or reenlistment; (ii) be in good standing and a satisfactory
134134 104participant in the Massachusetts National Guard; and (iii) have not previously used their 130
135135 105semester credit state tuition waiver.
136136 106 (e) No combination of member and/or dependents shall receive benefits in excess of 130
137137 107semester credit hours total.
138138 108 (f) Enrollment of a dependent in a course at any such institution shall be dependent on the
139139 109availability of seats. For the purposes of this section, ''availability of seats'' is defined as
140140 110vacancies that exist in a course after the enrollment of all tuition-paying students, and all students
141141 111who are enrolled under any scholarship or tuition waiver provisions.
142142 112 SECTION 4. Chapter 6 of the General Laws, as so appearing, is hereby amended by
143143 113inserting after section 15MMMMMM the following 4 sections:-
144144 114 Section 15NNNNNNN. The governor shall annually set apart June 14, the
145145 115anniversary of the founding of the United States Army, in recognition of the distinguished
146146 116patriotic services rendered by that organization, and by the citizens of the commonwealth who so
147147 117gallantly served, and issue a proclamation recommending that the day be observed by the people
148148 118in the display of the flag and in appropriate public exercises, commemorative of the services and
149149 119sacrifices of the citizens of the commonwealth who have served and continue to serve in the
150150 120defense of the United States. 7 of 16
151151 121 Section 15OOOOOO. The governor shall annually set apart September 18, the
152152 122anniversary of the founding of the United States Air Force, in recognition of its distinguished
153153 123history of service as a projector of American air power in support in defense of the Nation, and
154154 124by the citizens of the commonwealth who so gallantly served, and issue a proclamation
155155 125recommending that the day be observed by the people in the display of the flag and in
156156 126appropriate public exercises, commemorative of the services and sacrifices of the citizens of the
157157 127commonwealth who have served and continue to serve in the defense of the United States.
158158 128 Section 15PPPPPP. The governor shall annually set apart December 13, the anniversary
159159 129of the founding of the National Guard, in recognition of its role as an operational reserve of the
160160 130United States Army and Air Force, providing ready, well equipped personnel and equipment to
161161 131support the federal military mission when called upon by the President and the governor of the
162162 132commonwealth to respond to domestic emergencies, and by the citizen soldiers and airmen of the
163163 133commonwealth who have unfailingly answered the call of duty, issue a proclamation
164164 134recommending that the day be observed by the people in the display of the flag and in
165165 135appropriate public exercises, commemorative of the services and sacrifices of the citizens of the
166166 136commonwealth who have served and continue to serve in the defense of the United States.
167167 137 Section 15QQQQQQ. The governor shall annually set apart August 4, the
168168 138anniversary of the founding of the United States Coast Guard, in recognition of its distinguished
169169 139history and seagoing service, and issue a proclamation recommending that the day be observed
170170 140by the people in the display of the flag and in appropriate public exercises, commemorative of
171171 141the services and sacrifices of the citizens of the commonwealth who have served and continue to
172172 142serve in the defense of the United States. 8 of 16
173173 143
174174 144 SECTION XX. Chapter 60 of the General Laws, as so appearing, is hereby amended by
175175 145inserting after section 35 the following section:-
176176 146 Section 35A. (a) No municipality shall publish or cause to be published the name,
177177 147or other individually identifying information, of a veteran still owing a tax pursuant to this
178178 148chapter after it has become due and payable.
179179 149 (b) A municipality may communicate through the municipality’s veteran service
180180 150officer in order to provide notice and information related to a tax due and payable under this
181181 151chapter to the veteran owing such tax.
182182 152 SECTION 5. Chapter 112 of the General Laws, as so appearing, is hereby amended by
183183 153inserting after section 84C the following section:-
184184 154 Section 84D. Every licensed funeral director, or his or her agent or servant, before
185185 155an agreement as to the price of the merchandise and service is made, shall make available to all
186186 156potential clients information regarding funeral and burial benefits for veterans as set forth in
187187 157section 7 and 8 of chapter 115 and shall give or cause to be given to a client, a written statement
188188 158verifying that the funeral director, or his or her agent or servant, make such information available
189189 159to the potential client. The written statement shall be signed by the funeral director, or his or her
190190 160agent or servant, and the potential client before an agreement as to the price of the merchandise
191191 161and service is made. A funeral director who fails to comply with this section shall be punished by
192192 162a fine of not more than $1,000.
193193 163 9 of 16
194194 164 SECTION 6. Chapter 23K of the General Laws is hereby amended by inserting after
195195 165section 20 the following section:-
196196 166 Section 20A. (a) As used in this section, the following words shall, unless the context
197197 167clearly requires otherwise, have the following meanings:
198198 168 “Limited slot machine establishment”, the premises owned or leased by a veterans’
199199 169organization for use by its members in good standing.
200200 170 “Limited slot machine license”, a gaming license issued by the commission that permits a
201201 171veterans’ organization to operate a gaming establishment with no table games and not more than
202202 1725 slot machines at a limited slot machine establishment.
203203 173 “Limited slot machine licensee”, a veterans’ organization that holds a limited slot
204204 174machine license for its limited slot machine establishment.
205205 175 “Local licensing authority”, the local licensing authority in the city or town in which the
206206 176limited slot machine establishment is located.
207207 177 “Veterans’ organization”, any veterans’ organization that is: (i) incorporated by the
208208 178Congress of the United States and (ii) included in section 4E of chapter 9.
209209 179 (b) The commission may issue a limited slot machine license to veterans’ organizations
210210 180in the commonwealth.
211211 181 A limited slot machine license shall only be issued to a veterans’ organization that: (i) has
212212 182been organized and actively functioning as a veterans’ organization for not less than 5 years prior
213213 183to being issued a license; (ii) has received the approval of the local licensing authority; and (iii) 10 of 16
214214 184has been deemed suitable and qualified pursuant to regulations adopted by the commission
215215 185pursuant to subsection (l).
216216 186 No limited slot machine license issued to a veterans’ organization pursuant to this section
217217 187shall be transferred or assigned.
218218 188 (c) A limited slot machine license issued by the commission pursuant to this section may
219219 189be suspended or revoked at the discretion of the commission or upon written request to the
220220 190commission by the local licensing authority. The suspension or revocation of a license issued
221221 191pursuant to this section may be appealed by the limited slot machine licensee to the full
222222 192commission, and the commission shall hear the appeal on the record. The decision rendered by
223223 193the commission after the hearing shall be final and the licensee shall not be entitled to further
224224 194review; provided, however, that in the case of a license revocation, the licensee shall be entitled
225225 195to reapply for a license not less than 5 years from the date in which the final decision of the
226226 196commission was issued.
227227 197 (d) A limited slot machine licensee shall limit the promotion and operation of, and access
228228 198to, slot machines to members in good standing of the veterans’ organization; provided, that no
229229 199member of the veterans’ organization holding a limited slot machine license shall receive
230230 200remuneration in any form for time or effort devoted to the promotion or operation of the slot
231231 201machines. No member of the general public shall be permitted access to any slot machine in a
232232 202limited slot machine establishment.
233233 203 (e) The profits of any slot machines shall be the property of the limited slot machine
234234 204licensee, and shall be used for charitable, fraternal or civic purposes, including, but not limited
235235 205to, veterans’ benefits. 11 of 16
236236 206 (f) A limited slot machine license issued pursuant to this section shall be valid for a
237237 207period of 5 years. The commission shall establish procedures for application and renewal and
238238 208may establish a fee for application or renewal not to exceed $500. Application and renewal fees
239239 209shall be deposited into the Gaming Revenue Fund established in section 59.
240240 210 (g) Each licensee shall keep accurate records and books showing: (i) the total amount of
241241 211all monies deposited by members in good standing of the veterans’ organization who played the
242242 212slot machines located in the limited slot machine establishment; (ii) the expenses incurred; and
243243 213(iii) the name and address of each person receiving greater than $100 in winnings in a 24-hour
244244 214period. A separate checking account shall be kept of receipts and expenditures. Money for
245245 215expenses shall be withdrawn only by checks having preprinted consecutive numbers and made
246246 216payable to a specific person or corporation. No check shall be made payable to cash. All monies
247247 217expended for said charitable, fraternal or civic purposes shall be duly and accurately recorded as
248248 218to specific amounts expended and the purposes for which said amounts were expended. Proceeds
249249 219from the operation of the slot machines shall be kept in a separate bank account and the licensee
250250 220shall file an annual report on or before December 31 of each year of the charitable, fraternal and
251251 221civic disbursements made during the preceding year with the commission and the local licensing
252252 222authority in such form as the commission may prescribe. Such annual report shall be a public
253253 223record. The commission and the local licensing authority, or their duly authorized agents or
254254 224representatives, shall at all times have access to the limited slot machine establishment, as well
255255 225as the records and books of any licensee for the purpose of examining and checking the same.
256256 226 (h) Each licensee shall file a return with the commission, on a form prepared by the
257257 227commission, and shall pay therewith a tax of 5 per cent of the gross profits derived from the slot 12 of 16
258258 228machines located in the limited slot machine establishment, which shall be deposited into the
259259 229Gaming Revenue Fund established in section 59.
260260 230 (i) No person under 21 years of age shall be permitted in that portion of any building or
261261 231premises of the licensee during such time as a slot machine is being played.
262262 232 (j) A limited slot machine establishment shall keep conspicuously posted on their
263263 233premises a notice containing the following statement: “If you or someone you know has a
264264 234gambling problem and wants help, call the Massachusetts Council on Gaming and Health on the
265265 235Safer Gaming Education Line at 1-800-426-1234 or the Massachusetts Department of Public
266266 236Health helpline at 1-800-327-5050.”
267267 237 (k) Limited slot machine licensees shall only acquire slot machines from a person
268268 238licensed as a gaming vendor under section 31.
269269 239 (l) The commission shall, consistent with the public objectives of this chapter established
270270 240in section 1, promulgate regulations for the implementation, administration and enforcement of
271271 241this section including, without limitation, regulations that prescribe: (i) the method and form of
272272 242application which an applicant for licensure shall follow and complete before consideration by
273273 243the commission; (ii) the information to be furnished by an applicant for a limited slot machine
274274 244license or for the renewal of a limited slot machine license; (iii) suitability standards for
275275 245applicants for licensure pursuant to this section; (iv) the criteria for evaluation of the application
276276 246for a limited slot machine license and qualifications for licensure pursuant to this section; (v) the
277277 247information to be furnished by a veterans’ organization relating to the members of the veterans’
278278 248organization tasked with managing the slot machines; (vi) criteria for eligibility for licensure
279279 249under this section; (vii) conditions on the operation and control of a limited slot machine 13 of 16
280280 250establishment; and (viii) grounds and procedures for the revocation or suspension of a limited
281281 251slot machine license.
282282 252 SECTION 7. Chapter 75 of the General Laws is hereby amended by inserting after
283283 253section 34A the following section:-
284284 254 Section 34B. (a) Unless otherwise prohibited by any general or special law to the
285285 255contrary, the University of Massachusetts medical school shall develop a continuing education
286286 256program for clinical and non-clinical counselors serving institutions within the system of public
287287 257institutions of higher education established pursuant to section 5 of chapter 15A. The program
288288 258shall include education on the following subjects: (i) military culture and its influence on service
289289 259member and veteran psychology; (ii) deployment cycle stressors as they impact campus life for
290290 260students who are service members and veterans; (iii) outreach strategies for administrative, non-
291291 261clinical and clinical services; (iv) symptoms of depression, suicide, deployment-related,
292292 262insomnia, substance use, and post-traumatic stress disorder; and (v) available resources and
293293 263methods of referral.
294294 264 (b) The University of Massachusetts medical school shall: (i) develop the continuing
295295 265education program, including the curriculum thereof, required by section 34B of chapter 75 of
296296 266the General Laws within 180 days after passage of this act; and (ii) conduct training for clinical
297297 267and non-clinical counselors serving institutions within the Commonwealth’s public institution of
298298 268higher education within 545 days after passage of this act.
299299 269 14 of 16
300300 270 SECTION 8. Resolved, that there shall be a special commission to investigate and report
301301 271on a suitable memorial to be erected to commemorate Deborah Samson, the official heroine of
302302 272the commonwealth.
303303 273 The special commission shall: (i) promote public support for and education on the
304304 274importance of Deborah Samson to the War of Independence; (ii) identify a location for a suitable
305305 275memorial for Deborah Samson; and (iii) evaluate the public and private resources available to
306306 276erect and maintain the suitable memorial.
307307 277 The commission shall consist of: the house and senate chairs of the joint committee on
308308 278veterans and federal affairs, who shall serve as co-chairs; 2 additional members of the house of
309309 279representatives, 1 of whom shall be appointed by the minority leader of the house; 2 additional
310310 280members of the senate, 1 of whom shall be appointed by the minority leader of the senate; the
311311 281commissioner of veterans’ services or a designee; the adjutant general of the commonwealth or a
312312 282designee; and 7 members to be appointed by the governor, 1 of whom shall be a female veteran,
313313 2831 of whom shall be a representative of the women veterans’ network in the department of
314314 284veterans’ services, 1 of whom shall be a representative of the advisory committee on women
315315 285veterans established under section 2 of chapter 115 of the General Laws, 1 of whom shall be a
316316 286representative of the Department of Massachusetts Veterans of Foreign Wars of The United
317317 287States, Inc., 1 of whom shall be a representative of The American Legion, Department of
318318 288Massachusetts Inc., 1 of whom shall be a representative of the AMVETS Department of
319319 289Massachusetts Service Foundation, Incorp. and 1 of whom shall be a representative of Disabled
320320 290American Veterans, Department of Massachusetts, Inc. 15 of 16
321321 291 The commission shall submit a report of its investigation and recommendations,
322322 292including any drafts of legislation necessary to implement its recommendations, to the clerks of
323323 293the house of representatives and senate not later than 183 days following enactment of this
324324 294resolve.
325325 295 SECTION 9. Chapter 115 of the General Laws is hereby amended by inserting after
326326 296section 15 the following section:-
327327 297 Section 16. (a) There shall be a veteran equality review board to ensure veterans
328328 298dishonorably discharged due to sexual orientation under 10 U.S. Code § 654, also known as the
329329 299don’t ask, don’t tell policy, receive state-based veteran benefits. The board shall consist of 5
330330 300voting members who, by education or experience, are knowledgeable of veterans benefits and
331331 301programs and have demonstrated interest in veteran affairs. A majority of the members shall be
332332 302veterans. 2 members shall be appointed by the Secretary of Veterans’ Services, 1 member shall
333333 303be appointed by the Governor, 1 member shall be appointed by the Senate President and 1
334334 304member shall be appointed by the speaker of the house of representatives. Members shall serve
335335 305for 5 years. The members shall vote to select a chair. A vacancy shall be filled for the balance of
336336 306the unexpired term in the same manner as the original appointment. duties. A majority of the
337337 307appointed and serving members of the board shall constitute a quorum of the board for the
338338 308transaction of business. An action of the board shall be approved by a majority vote of the
339339 309members present at a meeting where a quorum is present. The members of the board shall serve
340340 310without compensation.
341341 311 (b) The board shall meet as often as deemed necessary by the chairperson based on the
342342 312number of applications pending before the board. The board shall review each application 16 of 16
343343 313submitted and render a recommendation to the secretary of veterans’ services as to whether the
344344 314veteran's sexual orientation was the reason for an other than honorable discharge. The board shall
345345 315review each application not later than thirty days after receipt and render a written
346346 316recommendation to the secretary not later than thirty days after such review.
347347 317 (c) A veteran who received a discharge that was not honorable and who believes such
348348 318discharge characterization was based on such veteran's sexual orientation may file an application
349349 319for state-based veteran benefits. Said veteran may include evidence supporting his or her claim
350350 320that such discharge characterization was based on the veteran's sexual orientation.
351351 321 (d) The department of veterans’ services shall promulgate a standardized application
352352 322form enumerating the required documentation necessary for filing an application under this
353353 323subsection and shall make such form available on the department of veterans’ services web site
354354 324along with filing instructions.
355355 325 (e) The secretary shall issue a written decision not later than ten days after receipt of the
356356 326board's recommendation, approving or denying the application. If the secretary approves the
357357 327application, such veteran shall be eligible for state-based veteran benefits.
358358 328 (f) If the secretary’s decision is unfavorable to the veteran, the veteran may file a request
359359 329for reconsideration not later than thirty days after receipt of the secretary’s decision. The veteran
360360 330may provide additional documentation for their application.